How to File for Divorce in Mississippi Without a Lawyer (2026)

Mississippi has several features that are unique among US states — and critical to understand before you file:

Chancery Court — not Circuit Court: Mississippi divorces are filed in Chancery Court, not Circuit Court. This is unusual nationally. If you file in the wrong court, your case will be dismissed.

Joint filing required for no-fault divorce: Mississippi's no-fault ground is "irreconcilable differences" — but to use it, both spouses must sign the Complaint together. If only one spouse wants to file, you must use a fault-based ground. This is the most distinctive rule in Mississippi divorce law.

Lowest filing fees in the country: Mississippi charges $52–$100 to file a divorce — the lowest in the United States.

60-day waiting period: No final hearing can be held until 60 days after the Complaint is filed.

Property Settlement Agreement required: For an irreconcilable differences (joint) divorce, the Property Settlement Agreement must be signed and submitted with the Complaint.

Disclaimer: General legal information only. Not legal advice. Consult a licensed Mississippi attorney for your specific situation.

Mississippi Divorce at a Glance

The Joint Filing Rule — Mississippi's Most Critical Feature

In most states, either spouse can file a no-fault divorce alone. Mississippi is different.

In Mississippi, to use "irreconcilable differences" (the no-fault ground), both spouses must sign the Complaint for Divorce together. You are co-petitioners. There is no Petitioner/Respondent in a joint filing.

What happens if only one spouse wants to file? You must use one of Mississippi's 12 fault grounds:

• Adultery
• Habitual cruel and inhuman treatment
• Desertion for 1 year
• Habitual drunkenness
• Habitual use of drugs
• Insanity or idiocy (institutionalized for 3 years)
• Impotency at time of marriage
• Pregnancy at time of marriage by another man (without husband's knowledge)
• Incest
• Bigamy
• Conviction of an infamous crime
• Natural impotency

Practical implication: If your spouse refuses to sign a joint complaint, consult a Mississippi attorney about whether a fault ground applies to your situation. Proving fault requires evidence and typically requires a contested hearing.

Property Settlement Agreement — Filed With the Complaint

For a joint (irreconcilable differences) divorce, the Property Settlement Agreement (PSA) must be submitted along with the joint Complaint. The PSA addresses all property, debts, alimony, and child-related issues.

The Chancery Court judge reviews the PSA and will approve it if it is fair and compliant with Mississippi law. The PSA is incorporated into the final Decree of Divorce.

Step-by-Step Overview

Step 1 — Confirm Eligibility

Either spouse has lived in Mississippi for 6 months. Both agree to divorce (joint filing) or one party has grounds for a fault divorce.

Step 2 — Both Spouses Sign the Joint Complaint

For irreconcilable differences: both spouses sign the Complaint for Divorce together. Both are co-complainants.

Step 3 — Draft and Sign the Property Settlement Agreement

Prepare the PSA covering all property, debts, alimony, and custody. Both spouses sign and notarize.

Step 4 — File at Chancery Court

File the joint Complaint and PSA at the Chancery Court clerk's office in the county where either spouse has lived for 6 months. Pay $52–$100 filing fee.

Step 5 — 60-Day Waiting Period

The final hearing cannot occur until 60 days after filing. Use this time to ensure all documents are complete.

Step 6 — Final Hearing

Appear before the Chancery Court judge. The judge reviews the PSA. If satisfied, the judge enters the Decree of Divorce.

Step 7 — Post-Decree Steps

Record deed changes (if real estate) at the County Chancery Clerk. QDRO for retirement plans. Update titles, accounts, and beneficiaries.

Last reviewed: March 2026 | $52–$100 lowest US fees | Chancery Court | Joint filing required for irreconcilable differences | PSA with complaint | 60-day wait | Fault grounds if spouse won't cooperate

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.